Confirmation that Pre Nuptial Agreements have value.
The Supreme Court has today confirmed the Court of Appealdecision in Radmacher v Granatino.
"Such Agreements can have decisive and compelling weight."It is "natural to infer that parties entering into agreements willintend that effect be given to them"
Does this mean that they are unchallengeable? No - the Courtwould still have discretion to waive any terms of a Pre NuptialAgreement that were considered unfair.
The word of the moment - "Fairness" - is key to achieving adurable Pre Nuptial Agreement.
As with Post Nuptial Agreements a good starting point toensure fairness is for both Parties to be represented; financialdisclosure documentation should be exchanged; future changes incircumstances should be considered and time pressures to signshould be limited.
Has today`s decision fundamentally altered the approach todealing with Family/Marital disputes? Again the simple answer isNo. A less adversarial approach has been developing momentum overthe last 10 years.
This week`s notification of the Government`s intention topromote mediation as the preferred method for resolving Familydisputes is perhaps not co-incidental particularly when coupledwith today`s announcement of cuts in the Ministry of Justicebudget. The impending 2012 Law Commission Report on Pre NuptialAgreements will create further opportunity for an all embracingrethink on English Family law.
Please contact Sheridan Ball on 01482 323239 or Karen Myleson 01904 6255790 for assistance and advice regarding any issuesrelating to Family Matters. Sheridan and Karen are highlyexperienced Lawyers who are both Members of the Law SocietyAdvanced Family Law Panel. They have also been working asaccredited Law Society/LSC/Resolution Mediators for the last 10years.
This article is for general guidance only. It provides useful information in a concise form. Action should not be taken without obtaining specific legal advice.